Health and Safety HSE interviews and investigations

If you’re facing prosecution from the Health and Safety Executive, the future of your business could be at risk. However with the right guidance and proactive attitude from the outset, you’re giving your business the very best chance of a positive outcome. Kidwells Solicitors can provide you with advice and support throughout the process.

Access legal advice to avoid making a bad situation worse.

The actions of your business following an employee experiencing a serious accident on the workplace premises determines how the situation will end. There will most likely be a Health and Safety Executive (HSE) investigation involving interviews and possibly court proceedings.

Our solicitors understand how this can be extremely stressful and intrusive and disruptive to your business and its reputation. Also, we know that it is a difficult time watching an employee and a friend experience a serious accident. Therefore, we help you through each stage of a HSE investigation and ensure the process runs as smoothly as possible for your business, yourself and your employee.

Important things to consider:

HSE investigations are conducted in accordance with the HSE Enforcement Policy Statement. They aim to determine the causes of the incident, whether any action is required to prevent a repeat occurrence of the incident and to ensure compliance with the law and what response should be made to breaches of the law.

During HSE interviews there is the opportunity for a colleague to sit in on the interview if it makes the interviewee feel more secure.

A HSE prosecution can be very significant. The penalties can threaten not only the business as a whole but also the individuals within them.

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There are essential steps to take following a serious accident in the workplace. These steps are in place to benefit the employees, the employers, witnesses to the accident and the business in preparation for HSE investigations. This includes;

Notifying solicitors and getting them to come to the workplace

Informing insurers

Establishing an internal investigation team

ensurin g employees do not speculate about the incident in email messages

Arranging support for he injured employees family and arrange further support or counselling for the employees

Get a PR consultant to deal with press enquiries and inform employees to not speak to the press

Notify the death or serious injury in line with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

After a serious accident has occurred in the workplace the HSE will likely want to investigate this suspected health and safety offence. They’ll do this through interviews with individuals either as witnesses or suspects. Before an witness interview you’re able to have a brief overview of the format of the interview and the likely questions the HSE may ask. If you have an interview under caution you have entitlements to legal representation at the interview.

The HSE may demand that they are given certain documents as evidence. As a result of the investigation, if the HSE believes that the workplace is exposing individuals to risk, inspectors are likely to serve a prohibition notice. In addition, charges may be brought against you and your company. However, you have the right to appeal.

After the HSE investigations it’s likely to lead to prosecution for criminal offences due to found breaches in the Health and Safety Law. Our solicitors can provide you with legal representation in this instance. Our advice covers basis of plea, defence, mitigation and penalties. Additionally, we’ll help you with defence at the Magistrates or Crown Court and representation at a coroner’s inquest.

Furthermore, our wealth of experience in dealing with HSE prosecutions means we can represent you and help you appeal against enforcement actions brought against you by the HSE. Potential enforcement actions include;

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“As a solicitor and Fellow of the Chartered Institute of Legal Executives, I have the skills and experience to help people who are suffering from any type of employment issue. Helping people in their time of need with compassion is what the job is all about.”

“My aim is to make a difference and help bring legal services into the 21st century by not conforming to traditionalism and social status but by offering practical, commercial and Latin-free legal advice in times of need to both Businesses and Individuals.”